§55-7J-3. Court authorized remedies.

1. (a) In an action brought against a person under this article upon a finding that an elderly person, protected person or incapacitated adult has been financially exploited, the court may order:

   1. (1) The return of property or assets improperly obtained, controlled or used; and
   2. (2) An award of actual damages to the person who brought the action for any damages incurred or for the value of the property or assets lost as a result of the violation or violations of this article.

2. (b) In addition to the remedies provided in subsection (a) of this section, a court may order the following:

   1. (1) For violations committed by a person who is not in a position of trust and confidence, payment of two times the amount of damages incurred or value of property or assets lost; and
   2. (2) For violations committed by a person in a position of trust and confidence, payment of treble damages.